by leetaebong
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by leetaebong
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Genuine Student requirement
The Genuine Temporary Entrant (GTE) requirement was replaced wth a Genuine Student (GS) requirement. effective on and after 23 March 2024.
[ ] GS does NOT apply to student visa applications lodged before 23 March 2024.
All applicants for a student visa must be a genuine applicant for entry. They must stay as a student and be able to show an understanding that studying in Australia is the primary reason of their student visa. The GS requirement is intended to include students who, after studying in Australia, develop skills Australia needs and who then go on to apply for permanent residence.
To be granted a student visa, all applicants must demonstrate they satisfy the genuine student criterion or the genuine student dependent criterion.
In the online student visa application form, we will ask the applicant the below questions to address the GS criteria.
- Give details of the applicant’s current circumstances. This includes ties to family, community, employment and economic circumstances.
- Explain why the applicant wishes to study this course in Australia with this particular education provider. This must also explain their understanding of the requirements of the intended course and studying and living in Australia.
- Explain how completing the course will be of benefit to the applicant.
- Give details of any other relevant information the applicant would like to include.
Answers must be written in English, with a maximum of 150 words per question.
There is an additional question for those applicants who have previously held a student visa or those who are lodging an application in Australia from a non-student visa.
Along with the responses included in the application form, the applicant must attach supporting documents to their ImmiAccount.
Generic statements unsupported by evidence are not given significant weight in the GS assessment. This means it is important to provide evidence to support a claim made by the applicant.
We consider an applicant’s overall personal circumstances when we assess whether they are a genuine student.
What evidence and information to include
We encourage applicants to provide evidence or information about:
Previous study
This includes:
- Academic transcripts showing qualifications achieved
- Name of the education provider(s)
- Length of study
- Certificates of attainment
Previous study in Australia
This includes:
- A complete history of study record(s) in Australia
- Reasons for change of course and/or education providers
- Details of information on course progress
- Study gaps of more than 2 months during an academic year
- Any other information the applicant considers relevant to their study record in Australia
Current employment
This includes:
- Details of their current employer and company address
- Period of employment
- Details of position held
- The name and contact details of someone who can confirm the circumstances of the declared employment
Circumstances in their home country or country of residence
This includes:
- The nature of the applicant’s personal ties eg. example family, community and employment. They will need to provide reasons for not studying in their home country if a similar course is available.
Economic circumstances in home country or country of residence
This includes:
- Documents showing employment or business activities for 12 months before lodging an application
- Potential employment offers including salary and other benefits, after course completion
- Income tax return or bank statements
If there is political and civil unrest and military service commitments in the applicant’s home country that would present as a significant incentive for them to leave their home country, they must provide their reasons and supporting evidence.
How we assess GS
The GS criterion focuses on the assessment of the student’s intention to genuinely study in Australia. It considers factors including the applicant’s:
- circumstances
- immigration history
- compliance with visa conditions and any other relevant matter.
This criterion acknowledges that post-study pathways are available for those who may be eligible.
Situations in their home country (or country of residence)
We consider:
- reason for not studying in their home country or region if a similar course is available there
- the nature of the applicant’s personal ties to their home country
- economic circumstances
- military service commitments political and civil unrest in their home country.
Potential situation in Australia
We consider:
- level of knowledge of the proposed course and education provider and of living in Australia
- previous study and qualifications
- level of research the applicant has undertaken into their proposed course of study and living arrangements.
Value of the course to their future
We consider:
- if the course is consistent with their current level of education and if the course will assist them to obtain employment or improve employment prospect in their home country or another country.
- if the course is relevant to past or proposed future employment in their home country or another country
- expected salary and other benefits in their home country or another country obtained with the applicant’s qualifications from the proposed course of study.
Immigration history
We consider:
- visa and travel history for Australia and other countries
- previous visa applications for Australia or other countries
- visa refusals or cancellations.
If the applicant is a minor, we consider the intentions of the parent, legal guardian or spouse.
Any other relevant matter
Give details of any other relevant information the applicant would like to include in their application.
For more information, refer to Ministerial Direction No. 106 (348KB PDF).
- LIN 24/051: Onshore application is no longer allowed by the holder of: [ ] 403 visa [ ] 426 [ ] 600 Visitor [ ] 601 ETA [ ] 485 Temporary Graduate [ ] 602 MTV [ ] 651 eVisitor [ ] 771 Transit [ ] 988 Maritime Crew [ ] 995 Diplomatic
- A person holding no substantive vi sa can still apply for a Student visa if:
a. the person’s last visa was [ ] a Student visa, or [ ] a Special Purpose Visa or [ ] a Diplomatic TF visa and
b. apply within 28 days [ ] from the visa expiry date, or [ ] from the Tribunal’s decision to set aside and substitute cancellation or t he Minister’s decision not to revoke cancellation.
3. LIN 24/022: English requirement – test done within 2 years before application:
IELTS Overall 6 Overall 5.5+10 Wks ELICOS Overall 5.0 + 20 wks ELICOS
PTE Overall 50 Overall 42 + 10 wks ELiiICOS Overall 36 + 20 wks ELICOS
4. LIN 19/198 Compilation 2: Evidence of Financial capacity – 500.214(3)
a. Evidence Form: per section 10, i.e. [ ] (a) money deposit with a financial institution (bank statement); [ ] [ ] (b) loan with a financial institution; [ ] (c) government loans; [ ] (d) scholarship or financial support.
b. Sufficient funds for [ ] (i) travel expenses; and [ ] (ii) the following living costs and expenses:- (A) if the PA intends to stay for 12 months or more—AUD29,710 (primary applicant annual living costs); and [ ] (B) if the PA intends to stay for less than 12 months—the pro rata equivalent of primary applicant annual living costs, calculated as specified in section 11; and [ ] (iii) the following course fees, minus any amount already paid:
(A) if the duration, or the remainder of study is less than 12 months—total fees or
(B) if the duration, or the remainder of study is more than 12 months—course fees for the first 12 months; and
[ ] (c) secondary applicant : (i) travel expenses; and (ii) for each secondary applicant who intends to stay for 12 months or more—secondary applicant annual living costs): [ ] (A) for a spouse or de facto partner— AUD10,394; and (B) for a dependent child— AUD4,449; and
(iii) for each secondary applicant who intends to stay for less than 12 months—the pro rata equivalent of secondary applicant annual living costs, calculated as specified in section 11; and
(iv) the following school fees for each school-age dependant:
(A) if the school-age dependant intends to stay for more than 12 months— AUD13,502 (annual school costs); or
(B) if the school-age dependant intends to stay for less than 12 months—the pro rata equivalent of annual school costs,
(C) if the school-age dependant is enrolled in a course of study at a State or Territory government school where the fees have been waived, and the Primary Applicant is enrolled in a course as a doctoral degree student, a Foreign Affairs student, a Defence student or a Commonwealth sponsored student—nil.
(3) The evidence of financial capacity:
(a) is official Government documentation of personal income that has been issued in the 12 months immediately before the application is made; and
(b) demonstrates that the primary applicant’s parent, spouse or de facto partner has a personal annual income, in the 12 months immediately before the application is made, that is:
(i) if there is no secondary applicant– at least AUD87,856; or
(ii) if there is a secondary applicant – at least AUD102,500.
(4) The evidence of financial capacity is the primary applicant’s completed AASES form.
Note: AASES form is defined in regulation 1.03 of the Regulations to mean for a secondary exchange student, an Acceptance Advice of Secondary Exchange Student form from the relevant State or Territory education authority, containing the following declarations:
(a) a declaration made by the student’s exchange organisation, accepting the student;
(b) a declaration made by the student’s parent, or the person or persons having custody of the student, agreeing to the exchange.
(5) If the primary applicant is a Foreign Affairs student – the evidence of financial capacity is a letter of support from the Department of Foreign Affairs and Trade.
(6) If the primary applicant is a Defence student – the evidence of financial capacity is a letter of support from the Department of Defence.
7 Subclass 500 (Student) visa—secondary applicants
(1) For the purposes of subclause 500.313(3) of Schedule 2 to the Regulations, a secondary applicant who is included in the primary student visa holder’s application, must give to the Minister evidence of financial capacity that satisfies the requirements of subsection (2), (3), (4), (5) or (6).
(2) The evidence of financial capacity:
(a) is in the form specified in section 10; and
(b) demonstrates that sufficient funds are available to meet the costs and expenses of the primary student visa holder set out in subparagraphs 6(2)(b)(i) to (iii) of this Part; and
(c) demonstrates that sufficient funds are available to meet the costs and expenses of each secondary applicant making a combined application with the primary student visa holder specified in paragraphs 6(2)(c)(i) to (iv) of this Part.
(3) The evidence of financial capacity:
(a) is official Government documentation of personal income that has been issued in the 12 months immediately before the application is made; and
(b) demonstrates that the primary student visa holder’s parent, spouse or de facto partner has a personal annual income that is at least AUD102,500.
(4) If the primary student visa holder is a Foreign Affairs student and has provided a letter of support mentioned in subsection 6(5) of this Part – the evidence of financial capacity is the letter of support if the letter of support indicates that the Department of Foreign Affairs and Trade will meet the living costs and expenses of each secondary applicant.
(5) If the primary student visa holder is a Defence student and has provided a letter of support mentioned in subsection 6(6) of this Part – the evidence of financial capacity is the letter of support if the letter of support indicates that the Department of Defence will meet the living costs and expenses of each secondary applicant.
8 Subclass 500 (Student) visa – secondary applicants not included in the primary student visa holder’s application
(1) For the purposes of subclause 500.313(3) of Schedule 2 to the Regulations, a secondary applicant (the first secondary applicant), who is not included in the primary student visa holder’s application, must give to the Minister evidence of financial capacity that satisfies the requirements of subsection (2), (3), (4), (5) or (6).
(2) The evidence of financial capacity:
(a) is in the form specified in section 10; and
(b) demonstrates that sufficient funds are available to meet the costs and expenses of the primary student visa holder specified in subparagraph 6(2)(b)(ii) of this Part; and
(c) demonstrates that sufficient funds are available to meet course fees for any component of the primary student visa holder’s course of study which will be completed while the first secondary applicant is in Australia, up to an amount equivalent to fees for 12 months of the course of study, minus any amount already paid; and
(d) demonstrates that sufficient funds are available to meet the costs and expenses of each secondary student visa holder and that the first secondary applicant has sufficient funds available to meet their own costs and expenses, and the costs and expenses of each additional secondary applicant making a combined application with the first secondary applicant, specified in subparagraphs 6(2)(c)(ii) to (iv) of this Part; and
(e) demonstrates that the first secondary applicant has sufficient funds available to meet their own travel expenses and the travel expenses of all additional secondary applicants making a combined application with the first secondary applicant.
(3) The evidence of financial capacity:
(a) is official Government documentation of personal income that has been issued in the 12 months immediately before the application is made; and
(b) demonstrates that the primary student visa holder’s parent, spouse or de facto partner has a personal annual income that is at least AUD102,500.
(4) If the primary student visa holder is a Foreign Affairs student and has provided a letter of support mentioned in subsection 6(5) of this Part – the evidence of financial capacity is the letter of support if the letter of support indicates that the Department of Foreign Affairs and Trade will meet the living costs and expenses of each secondary applicant.
(5) If the primary student visa holder is a Defence student and has provided a letter of support mentioned in subsection 6(6) of this Part – the evidence of financial capacity is the letter of support if the letter of support indicates that the Department of Defence will meet the living costs and expenses of each secondary applicant.
(6) If:
(a) the primary student visa holder is a Foreign Affairs student or a Defence student and has provided a letter of support mentioned in subsection 6(5) or (6) of this Part; but
(b) the letter of support does not indicate that the relevant department will meet the living costs and expenses of each secondary applicant;
then the evidence of financial capacity:
(c) demonstrates that sufficient funds are available to meet the costs and expenses of each secondary student visa holder and that the first secondary applicant has sufficient funds available to meet their own costs and expenses, and the costs and expenses of each additional secondary applicant making a combined application with the first secondary applicant, specified in subparagraphs 6(2)(c)(ii) to (iv) of this Part; and
(d) demonstrates that the first secondary applicant has sufficient funds available to meet their own travel expenses and the travel expenses of all secondary applicants making a combined application with the first secondary applicant.
9 Subclass 590 (Student Guardian) visa – primary applicants
(1) For the purposes of subclause 590.216(3) of Schedule 2 to the Regulations, a primary Student Guardian applicant must give to the Minister evidence of financial capacity that satisfies the requirements of subsection (2) or (3).
Note: For primary Student Guardian applicant, see section 4 of Part 1 of this instrument.
(2) The evidence of financial capacity:
(a) is in the form specified in section 10; and
(b) demonstrates that the primary Student Guardian applicant has sufficient funds available to meet the following costs and expenses of the primary Student Guardian applicant:
(i) travel expenses; and
(ii) the following living costs and expenses:
(A) if the primary Student Guardian applicant intends to stay in Australia for a period of 12 months or more – AUD29,710 (annual living costs); and
(B) if the primary Student Guardian applicant intends to stay in Australia for a period of less than 12 months – the pro rata equivalent of annual living costs, calculated as specified in section 11; and
(c) demonstrates that the primary Student Guardian applicant has sufficient funds available to meet the following costs and expenses of the nominating student:
(i) travel expenses; and
(ii) the following living costs and expenses:
(A) if the primary Student Guardian applicant intends to stay in Australia for a period of 12 months or more – AUD29,710 (annual living costs); and
(B) if the primary Student Guardian applicant intends to stay in Australia for a period of less than 12 months – the pro rata equivalent of annual living costs, calculated as specified in section 11; and
(iii) course fees for any component of the nominating student’s course of study which will be completed while the primary Student Guardian applicant is in Australia, up to an amount equivalent to fees for 12 months of the course of study, minus any amount already paid; and
(d) demonstrates that the primary Student Guardian applicant has sufficient funds available to meet the following costs and expenses of each secondary Student Guardian applicant:
(i) travel expenses; and
(ii) for each secondary applicant who intends to stay in Australia for a period of 12 months or more – AUD4,449 (annual living costs); and
Note: To satisfy the secondary criteria under clause 590.312 of Schedule 2 to the Migration Regulations 1994, a secondary applicant must not have turned 6 years of age.
(iii) for each secondary applicant who intends to stay in Australia for a period of less than 12 months – the pro rata equivalent of annual living costs, calculated as specified in section 11; and
(iv) the following school fees for each school-age dependant:
(A) if the school-age dependant intends to stay in Australia for more than 12 months – AUD13,502 (annual school costs); or
(B) if the school-age dependant intends to stay in Australia for less than 12 months – the pro rata equivalent of annual school costs, calculated as specified in section 11; or
(C) if the school-age dependant is enrolled in a course of study at a State or Territory government school where the fees have been waived, and the Primary Applicant is enrolled in a course as a doctoral degree student, a Foreign Affairs student, a Defence student or a Commonwealth sponsored student – nil.
Note: For secondary Student Guardian applicant, see section 4 of Part 1 of this instrument.
(3) The evidence of financial capacity:
(a) is official Government documentation of personal income that has been issued in the 12 months immediately before the application is made; and
(b) demonstrates that the primary Student Guardian applicant’s spouse or de facto partner has a personal annual income that is at least AUD102,500.
10 Evidence of financial capacity
The following forms of evidence of financial capacity are specified:
(a) money deposit with a financial institution;
(b) loan with a financial institution;
(c) government loans;
(d) scholarship or financial support.
In this Part, the pro rata equivalent of annual costs is calculated by:
(a) dividing the annual amount by 365; and
(b) multiplying the resulting number by the number of days the applicant is intending to stay in Australia.
Part 3—Application, Saving and Transitional Provisions
12 Application of amendments made by LIN 23/070
The amendments made to this instrument by Migration (LIN 19/198: Evidence of financial capacity—Subclass 500 Visa and Subclass 590 Visa) Amendment (LIN 23/070) Specification 2023 (the amending instrument) apply in relation to an application for a Student (Temporary) (Class TU) visa made on or after the day the amending instrument commences.
13 Application of amendments made by LIN 24/042
The amendments made to this instrument by Migration (LIN 19/198: Evidence of financial capacity—Subclass 500 Visa and Subclass 590 Visa) Amendment (LIN 24/042) Specification 2024 (the amending instrument) apply in relation to an application for a Student (Temporary) (Class TU) visa made on or after the day the amending instrument commences.
Endnotes
Endnote 1—Abou
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